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Opinion 98

Case Name: 

In re Jones, 32 B.R. 951 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Sep-16-1983
Case Number(s): 
82C-0407
Status: 

PUBLISHED

Body: 

Chapter 11 debtor proposed a plan providing that allowed secured claims in default would receive deferred cure and compensation payments, which debtor asserted would leave those claims unimpaired pursuant to 11 U.S.C. § 1124(2). The payments were to commence 30 days after the plan's effective date. The court questioned whether cure and compensation payments under § 1124(2) could be deferred, even if sufficient interest was added to compensate for the deferral. The court considered two approaches to determining impairment, which were (1) strict construction of § 1124(1) and (2), such that a plan that alters rights in any way not expressly permitted by those provisions is considered an impairment; and (2) scrutinizing the protections offered by § 1129(b) to determine impairment only as necessary to prevent wrongs. The court found that debtor's plan left the secured claims "impaired" under both approaches, and held that cure and compensation payments must be completed by the effective date of the plan to avoid impairment.

Internal Ref: 
Opinion 98
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